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AMERICAN RESEARCH THOUGHTS ISSN: 2392 – 876X Available online at: www.researchthoughts.us
http://dx.doi.org/10.6084/m9.figshare.1431444
Volume 1 │ Issue 7 │ May 2015
Impact Factor: 2.0178 (UIF)
INDIAN LEGAL AND POLICY FRAMEWORK:
WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE
DEVELOPMENT
Manbir Kaur Dhaliwal
Assistant Professor (Commerce), Sri Guru Gobind Singh College, Sector 26,
Chandigarh, India
Abstract: The principal of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants
equality to women, but also empowers the State to adopt measures of positive discrimination in favour
of women. Women Empowerment is an issue of immense significance today. It is a direct reflection of
the wholesome development of society. Ensuring access to justice for the vulnerable and marginalized
sections of the society is a precondition for a healthy democratic and a peaceful society. In the wake of
some deeply condemnable incidents dominating the headlines these days, this issue has become
indispensable ethically, morally, legally and socially. The Government of India has enacted certain
laws and acts, which protect the rights of women and allow them to seek legal assistance and justice
when faced with certain problems. By showcasing an impressive range of legal empowerment
approaches in diverse geographical and cultural settings, the value of empowering women, through
efforts aimed at legal education , legal training, and the provision of legal services and the creation of
space for women to question and negotiate discriminatory ‘cultural’ norms. The objective of this paper
is to study the laws passed in India for women empowerment i.e. women-specific legislations &
women-related legislations. The paper discuss in details:
Protection of women from sexual harassment at work place
Legal provisions for crimes against women under Indian penal code, 1860.
Provisions leading towards legal empowerment
The paper highlights the critical role legal empowerment strategies that can play in changing
oppressive gender relations that are justified under the name of so called ‘culture’. The paper
concludes with suggesting few provisions which will lead to legal empowerment.
Key Words: Value Education, Experiment, Effect, Knowledge, Understanding, Application,
and Reflection
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1625 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
INTRODUCTION
Women Empowerment is an issue of immense significance today. It is a direct reflection
of the wholesome development of society. Ensuring access to justice for the vulnerable
and marginalized sections of the society is a precondition for a healthy democratic and
a peaceful society. In the wake of some deeply condemnable incidents dominating the
headlines these days, this issue has become indispensable ethically, morally, legally and
socially.
Women are the pioneer for transformation of organization and society. She is the
mother of the race and liaison between generations laying the foundation for new
relationships. With the advent of media, women are aware of their own rights, traits
and work situation. But unfortunately in spite of their efforts women lacks the desired
recognition and credit in the society. (Sinha.A.[2007]). Kabeer (2001) defines
empowerment as ‘The expansion in people's ability to make strategic life choices in a
context where this ability was previously denied to them.’ This definition fits well
within the referral to empowerment as ‚the expansion of freedom of choice and action
to shape one’s life‛ in the World Bank’s Empowerment Sourcebook. (Malhotra, A.*2003+
In India, the Constitution makers while drafting the Constitution were sensitive
to the problems faced by women and made specific provisions relating to them. In
various articles, not only mandates equality of the sexes but also authorizes benign
discrimination in favour of women and children to make up for the backwardness
which has been their age-old destiny. But categorical imperatives constitutionals by the
Founding Fathers are not self-acting and can acquire socio-legal locomotion only by
appropriate State action. Our Constitution is the basic document of a country having a
special legal holiness which sets the framework and the principal functions of the
organs of the Government of a State. It also declares the principles governing the
operation of these organs. The Constitution aims at creating legal norms, social
philosophy and economic values which are to be affected by striking synthesis,
harmony and fundamental adjustment between individual rights and social interest to
achieve the desired community goals. The Constitution of India contains various
provisions, which provide for equal rights and opportunities for both men and women.
Legal empowerment is a multifaceted field, which assists in addressing a range
of development outcomes related to basic services such as health, education,
livelihoods, and acquisition of a remedy or entitlement, social inclusion and legal status,
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1626 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
peaceful dispute or conflict resolution and environmental sustainability. There is an
increasing body of evidence on the impact of legal empowerment. Nonetheless, it is
often difficult to envision legal empowerment. (Golub, Stephen [2010])
OBJECTIVE OF THE PAPER
The objective of this paper is to study the laws passed in India for women
empowerment i.e. women-specific legislations & women-related legislations. The
Government of India has enacted certain laws and acts, which protect the rights of
women and allow them to seek legal assistance and justice when faced with certain
problems. The paper discuss in details:
• Protection of women from sexual harassment at work place
• Legal provisions for crimes against women under Indian Penal Code, 1860
• Provisions leading towards legal empowerment
The paper highlights the critical role legal empowerment strategies that can play in
changing oppressive gender relations that are justified under the name of so called
‘culture’. The paper concludes with suggesting few provisions which will lead to legal
empowerment.
DISCUSSION
Various legislation enactments have been framed to protect, safeguard and promote the
interest of women. Many of these legislative enactments have been in the sphere of
labour laws to improve the working conditions of women labour.
Part-IV of the constitution contains active obligations of the state to secure social
and economic freedom which could not be granted at the time when the constitution
was framed due to the then prevalent socio-economic conditions. But, equality in
wages, is surly not dependent on the existence of suitable economic conditions Women-
Specific Legislations.
1. The Immoral Traffic (Prevention) Act, 1956
2. The Dowry Prohibition Act, 1961 (28 of 1961)
3. The Indecent Representation of Women (Prohibition) Act, 1986
4. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1627 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
The Guardians and Wards Act The Indian Christian Marriage Act, 1872 (15 of
1872. Act 23.)
Indian Penal Code, 1860 **
The Married Women’s Property Act, 1874 (3 of
1874) *
The Workmen’s Compensation Act, 1923 The Child Marriage Restraint Act, 1929 (19 of 1929)
The Muslim Personal Law (Shariat)
Application Act, 1937
The Minimum Wages Act
The Employees’ State Insurance Act, 1948 The Payments of Wages Act, 1936
The Plantation Labor Act, 1951 The Cinematograph Act, 1952
The Special Marriage Act, 1954 * The Hindu Marriage Act, 1955 (28 of 1989)
The Hindu Adoptions & Maintenance Act,
1956 *
The Hindu Minority & Guardianship Act, 1956 *
The Hindu Succession Act, 1956 The Maternity Benefit Act, 1961 (53 of 1961)
Employers Liabilities Act 1938 The Trade Unions Act 1926
The Protection of Civil Rights Act 1955 Factories Act, 1948
Mental Health Act
The Pre-Natal Diagnostic techniques(Regulation
and Prevention of misuse) Act 1994
The Beedi & Cigar Workers (Conditions of
Employment)Act, 1966
The Foreign Marriage Act, 1969 (33 of 1969) *
The Indian Divorce Act, 1969 (4 of 1969) *
The Medical Termination of Pregnancy Act,1971(34
of 1971)*
Code of Criminal Procedure, 1973 ** The Bonded Labor System (Abolition) Act, 1979
The Equal Remuneration Act, 1976 The Contract Labor (Regulation & Abolition) Act,
1970
The Inter-State Migrant Workmen
(Regulation of Employment and
Conditions of Service) Act, 1979
The Family Courts Act, 1984
Juvenile Justice Act, 2000 * The Child Labor (Prohibition & Regulation) Act
Table 1: Women-Related Legislations
* Reviewed by National Commission for Women (NCW)
** Reviewed by the Task Force on Women & Children, Reviewed by both NCW and the Task
Force on Women & Children a Bill on Domestic Violence against Women (Prevention). This
draft Bill is now awaiting the approval of the Parliament.
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1628 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
PROTECTION OF WOMEN FROM SEXUAL HARASSMENT AT WORK PLACE
The right to bodily integrity is encompassed in the right guaranteed by article 21 of the
constitution of India, which guarantees the right to life and liberty.
The Supreme Court, while exercising powers under Art 141 of the constitution of
India, moved to fill in the vacuum by framing guidelines with respect to sexual
harassment at the work place in the case of Vishaka and others V. state of Rajasthan and
others (1997 (6) SCC 241) landmark Judgment which recognizes the right of women to
work with human dignity. Sexual harassment of working amount to violation of the
rights to equality and right to life and liberty, and hence is violation of the right to
practice any profession, occupation or trade under Article 14, 15, 19(1) (g) and 21 of
constitution.
The Supreme Court defined the term ‚sexual harassment’ in include such
‚unwelcome sexually determined behaviour (Whether directly or by implication) as:
• Physical contact and advances
• Demand or request for sexual favours;
• Sexually coloured remarks;
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct or sexual nature‛
Sections
IPC
Offence Punishment Bailable / Non -
Bailable
228-A Disclosure of identity of the victim of
certain offences
Imprisonment for 3
Months or fine or both
Cognizable and
Bailable
294 Obscene acts and songs Imprisonment for 2
years and fine
Cognizable and
Bailable
304 –B
Dowry Death - due to causes other
than natural within 7 years of
marriage
Imprisonment for not
less than 7 years, may
extend to life
imprisonment
Cognizable and
Non-Bailable
306 Abetment of suicide Imprisonment for 10
years and fine
Cognizable and
Non-Bailable
326A Voluntarily causing grievous hurt by
use of acid, etc
Imprisonment for 10
years, may extend to life
imprisonment and fine
Cognizable and
Non-Bailable
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1629 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
326B Voluntarily throwing or attempting to
throw acid
Imprisonment for 2
years and fine
Cognizable and
Non-Bailable
354 Assault or use of criminal force to
women with intent to outrage her
modesty
Imprisonment for 2
years and fine
Cognizable and
Non-Bailable
354A Sexual Harassment of the nature of
unwelcome physical contact and
advances or a demand or request for
sexual favors, showing pornography.
Sexual harassment of the nature of
making sexually coloured remark
Imprisonment for 2
years and fine
Imprisonment for 1 year
and fine
Cognizable and
Bailable
Cognizable and
Bailable
354B Assault or use of criminal force to
women with intent to disrobe
Imprisonment for 3
years, may be extended
to 7 years and fine
Cognizable and
Non-Bailable
354C Voyeurism Imprisonment for 1
years may extend to 3
years and fine for the 1st
conviction; 2nd or
subsequent conviction
with imprisonment of 3
years, may be extended
to 7 years and fine
Cognizable and
Bailable
Cognizable and
Non-Bailable
354D Staking Imprisonment for 3
years and fine for the 1st
conviction
Imprisonment for 5
years and fine for the 2nd
conviction
Cognizable and
Bailable
Cognizable and
Non-Bailable
366 Kidnapping, abducting or inducing
women to compel her marriage
Imprisonment for 10
years and fine
Cognizable and
Non-Bailable
376(1) Rape Rigorous Imprisonment
for 7 years may extend
to life imprisonment
and fine
Cognizable and
Non-Bailable
376(2) Rape by a police officer or a public
servant or member of armed forces or
Rigorous imprisonment
for a term which shall
Cognizable and
Non-Bailable
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1630 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
a person being on the management or
on the staff of jail, remand home or
other place of custody or women’s or
children’s institution or by a person
on the management or on the staff of
a hospital, and rape committed by a
person in a position of trust or
authority towards the person raped of
by a near relative of the person raped
not be less than 10 years,
but may extend to
imprisonment for life,
which shall mean
imprisonment for the
remainder of that
person’s natural life, or
with death
376A Person committing an offence of rape
and inflicting injury which causes
death or causes the women in
persistent vegetative state
Rigorous imprisonment
for a term which shall
not be less than 20 years,
but may extend to
imprisonment for life,
which shall mean
imprisonment for the
remainder of that
person’s natural life, or
with death
Cognizable and
Non-Bailable
376B Sexual intercourse by husband upon
his wife during separation
Imprisonment for 2
years, but which may
extend to 7 years and
fine
Cognizable (but
only on the
complaint of the
victim) and
Bailable
376C Sexual intercourse by a person in
authority
Rigorous Imprisonment
for not less than 5 years,
but which may extend to
10 years and fine
Cognizable and
Non-Bailable
376D Gang rape Rigorous imprisonment
for a term which shall
not be less than 20 years,
but may extend to
imprisonment for life,
which shall mean
imprisonment for the
remainder of that
person’s natural life, or
Cognizable and
Non-Bailable
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1631 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
with death
376E Repeated offenders Imprisonment for life,
which shall mean
imprisonment for the
remainder of that
person’s natural life, or
with death
Cognizable and
Non-Bailable
406 Criminal breach of trust Imprisonment for 3
years and fine or both
Cognizable and
Non-Bailable
498-A Husband or relative of a women
subjecting her to cruelty
Imprisonment for 3
years and fine
Cognizable and
Non-Bailable
509 Word, gesture or act intended to
insult the modesty of a women
Simple Imprisonment
for 3 years or fine or
both
Cognizable and
Bailable
Table 2: Legal Provisions for Crimes against Women under Indian Penal Code, 1860
OBSERVATIONS
Violence against women is socially a very sensitive issue .When the basic reason for
violence against women is their inferior status – educationally, politically and socially –
in a male dominated society. All though a lot new laws have been framed to protect the
women class, but many factors such as increasing crimalization of society, media
images, inadequate means to address the cause and consequences of violence, poor
enforcement of legal provisions, unabashed consumerism and erosion of family values
have all added to increase in violence against women. Despite existence of special
legislations, the proportion of crime against women has increased over a period of time.
Generally, people do not register the crimes committed against women due to
social stigma. Government needs to make efforts to contain increasing incidence of
crimes committed against women. A positive relationship exists between crime rate,
literacy rate and per capita income. There is a need for action plan to create awareness
amongst women regarding their rights for better redressal. Otherwise any number of
legislations would not bring women their rightful place in the society. Effective
implementation of legislation would be promoted by involving civil society and
community. Appropriate changes in legislation should be undertaken, if necessary.
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1632 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
Formation of self-groups To create social /legal awareness amongst
women who are hitherto, living within the four
walls
Gender sensitivity among male’s Changing the mindset of the male dominated
society so as to give equal rights as enshrined in
the constitution
Strict enforcement of relevant laws such as
Equal Remuneration Act and Minimum
Wages Act
Protection for women workers in the organized/
unorganized sector and
Media Disseminating legal literacy Media campaign showing positive image of the
girl child and women ‘s contribution to the
society and family ,creating awareness about
various laws protecting women rights
Strict enforcement of all relevant legal
provisions
For better justice and speedy redressal, with a
special focus on violence and gender related
atrocities.
Women’s Cells in Police Stations, Encourage
Women Police Stations Family Courts,
Mahila Courts, Counseling Centers, Legal
Aid Centers and Nyaya Panchayats
This will be strengthened and expanded to
eliminate violence and atrocities against women.
Protection of women from harassment at
work place
Measures to prevent and punish sexual
harassment at the place of work, Sexual
harassment committees should be sensitively
constituted with members aware of the laws.
Specially designed legal literacy
programmes and rights information
programmes
Widespread dissemination of information on all
aspects of legal rights, human rights and other
entitlements of women
Table 3: Provisions Leading towards Legal Empowerment
CONCLUSIONS
Efforts by the government are on to ensure gender equality but government initiatives
alone would not be sufficient to achieve this goal. Society must take initiatives to create
a climate in which there is no gender discrimination and women have full opportunities
of self-decision making and participating in the social, political, and economic life of the
country with a sense of equality. Protection of women from domestic violence or
Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN
EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT
1633 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015
harassment at workplace is very crucial steps for empowering women and putting them
on equal platform by protecting their rights is the need of hour.
REFERENCES
1. Malhotra , Anju , International Centre for Research on Women (2003) Article
2. Sinha .A.,(2007) ,’What are the problems faced by women executives in India’
3. Stephen , Golub ‚Legal Empowerment: Substantive Report and Guidance Tool
Prepared for the United Nations Development Programme"(2010)
4. http://wcd.nic.in/wcdact/womenactsex.pdf
5. wikipedia.org/wiki/List_of_sections_of_Indian_Penal_Code
6. wikipedia.org/wiki/Constitution_of_India
7. india.gov.in/my-government/constitution-india